LIQUOR, NARCOTICS, AND WEAPONS PROHIBITED IN PRISONS
Act 17 of 1909
800.281 Alcoholic liquor, prescription drug, poison, or controlled substance; prohibitions.
Sec. 1.
(1) Except as provided in section 2, a person shall not sell, give, or furnish, either directly or indirectly, any alcoholic liquor, prescription drug, poison, or controlled substance to a prisoner who is in or on a correctional facility or dispose of that liquor, drug, poison, or controlled substance in any manner that allows a prisoner or employee of the correctional facility who is in or on a correctional facility access to it.
(2) Except as provided in section 2, a person who knows or has reason to know that another person is a prisoner shall not sell, give, or furnish, either directly or indirectly, any alcoholic liquor, prescription drug, poison, or controlled substance to that prisoner anywhere outside of a correctional facility.
(3) Except as provided in section 2, a person shall not bring any alcoholic liquor, prescription drug, poison, or controlled substance into or onto a correctional facility.
(4) Except as provided in section 2, a prisoner shall not possess any alcoholic liquor, prescription drug, poison, or controlled substance.
History: 1909, Act 17, Eff. Sept. 1, 1909 ;-- CL 1915, 1827 ;-- CL 1929, 17653 ;-- CL 1948, 800.281 ;-- Am. 1982, Act 343, Imd. Eff. Dec. 21, 1982
Notes of Decisions
Cited in
50
cases (
10 in the last 5 years), 1971–2026 · leading case:
People v. Ramsdell, 585 N.W.2d 1 (Mich. Ct. App. 1998).
People v. Ramsdell, 585 N.W.2d 1 (Mich. Ct. App. 1998).
· cites it 38× “First, a prosecutor must prove beyond a reasonable doubt that the defendant is, in fact, a "prisoner.”
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011).
· cites it 4× “In the present case, defendant entered a conditional no-contest plea to the offense of furnishing a cellular phone to a prisoner in violation of MCL 800.”
People of Michigan v. Vicki Renee Dickinson, 909 N.W.2d 24 (Mich. Ct. App. 2017).
· cites it 2× “The trial court sentenced defendant to concurrent prison terms of 18 months to 240 months for the delivery conviction, 18 months to 48 months for the possession conviction, and 18 months to 60 months for the furnishing to a prisoner conviction.”
People v. Nasir, 662 N.W.2d 29 (Mich. Ct. App. 2003).
· cites it 4× “§ 800.281(4). Significantly, the Court stated: The word "knowingly" is absolutely absent from the statute as enacted by the Legislature and signed into law by the Governor.”
People v. Norman, 438 N.W.2d 895 (Mich. Ct. App. 1989).
· cites it 4× “Defendant was convicted by a jury of possession of liquor in prison, MCL 800.281; MSA 28.1621. Defendant also pled guilty to being an habitual offender, fourth offense, MCL 769.”
People v. Wyngaard, 614 N.W.2d 143 (Mich. 2000).
· cites it 2× “MCL 800.281(4); MSA 28.1621(4). The Court of Appeals, in a split decision, affirmed in part, reversed in part, and remanded for further proceedings.”
Bazzetta v. McGinnis, 148 F. Supp. 2d 813 (E.D. Mich. 2001).
· cites it 2× “133 (non-contact visitation essentially eliminates the ability of anyone to pass anything to the prisoners); Bolden, Tr.”
People v. Ovalle, 564 N.W.2d 147 (Mich. Ct. App. 1997).
· cites it 3× “Defendant pleaded guilty of being a prisoner in possession of marijuana, MCL 800.281(4); MSA 28.1621(4), and was sentenced to fourteen months’ to five years’ imprisonment.”
Boyd v. Civil Serv. Comm'n, 559 N.W.2d 342 (Mich. Ct. App. 1997).
“1624, which authorizes the *237 search of any person coming into a correctional facility who is “suspected” of being in possession of contraband, and MCL 764.”
People v. Cook, 776 N.W.2d 164 (Mich. Ct. App. 2009).
“7401(2)(a)(iv), and possession of contraband by a prisoner, MCL 800.281(4). Defendant was sentenced as a third-offense habitual offender, MCL 769.”
People v. Wyngaard, 575 N.W.2d 48 (Mich. Ct. App. 1998).
· cites it 4× “§ 800.281(4); M.S.A. § 28.1621(4), and a third-offense habitual offender, M.”
— Mich. Comp. Laws § 800.281(1) — 9 cases
People of Michigan v. Vicki Renee Dickinson, 909 N.W.2d 24 (Mich. Ct. App. 2017).
“The trial court sentenced defendant to concurrent prison terms of 18 months to 240 months for the delivery conviction, 18 months to 48 months for the possession conviction, and 18 months to 60 months for the furnishing to a prisoner conviction.”
— Mich. Comp. Laws § 800.281(2) — 2 cases
— Mich. Comp. Laws § 800.281(3) — 4 cases
People v. Norman, 438 N.W.2d 895 (Mich. Ct. App. 1989).
“Defendant was convicted by a jury of possession of liquor in prison, MCL 800.281; MSA 28.1621. Defendant also pled guilty to being an habitual offender, fourth offense, MCL 769.”
— Mich. Comp. Laws § 800.281(4) — 24 cases
People v. Ramsdell, 585 N.W.2d 1 (Mich. Ct. App. 1998).
“First, a prosecutor must prove beyond a reasonable doubt that the defendant is, in fact, a "prisoner.”
People v. Nasir, 662 N.W.2d 29 (Mich. Ct. App. 2003).
“§ 800.281(4). Significantly, the Court stated: The word "knowingly" is absolutely absent from the statute as enacted by the Legislature and signed into law by the Governor.”
People v. Wyngaard, 614 N.W.2d 143 (Mich. 2000).
“MCL 800.281(4); MSA 28.1621(4). The Court of Appeals, in a split decision, affirmed in part, reversed in part, and remanded for further proceedings.”
People v. Ovalle, 564 N.W.2d 147 (Mich. Ct. App. 1997).
“Defendant pleaded guilty of being a prisoner in possession of marijuana, MCL 800.281(4); MSA 28.1621(4), and was sentenced to fourteen months’ to five years’ imprisonment.”
People v. Cook, 776 N.W.2d 164 (Mich. Ct. App. 2009).
“7401(2)(a)(iv), and possession of contraband by a prisoner, MCL 800.281(4). Defendant was sentenced as a third-offense habitual offender, MCL 769.”
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